The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-10-28
SCOTT COUNTY's DEF AULTING CLERK.
Newton Wilson Returns TO Find His Crime
Wiped Out by Hasty Legislation.

mont OF that kind. The com lnissioners of the
county were anxious to appoint him, and finally
a friend was appointed as clerk, but turned over
the work and the emouments Of the Office
tirely to Wilson. He proved n popular officer,
aud when the time expired he received his party
nomination and was elected for the term of four
years. having in the meantime become of
age. During his term he contracted disolute
habits. and when again a candidate was defeat
ed. His sue entered upon the duties Of
the Office in 1881. an it soon became evident
that Wilson could not settle Experts were ap-
pointed and examination of the books proved
that he was a defaulter to large amount, and
his bondsmen were compelled to pay it all. Will
con still had many warm friends in the county.
and their com ned efforts for awhile prevented
his arrest, but when the grand jury met soon
after an inquiry was instituted and Wilson was
indicted for embezzement He Immediately
received notice of the fact and left the county,
fugitive from justice. His eentlenanly address
and liberal habits had made him great many
friends in different sections of the State, and
these managed to give him notice of every effort
to capture him. and in this way he
than year. after indictment. though
he was often in Scott county
and rarely more than fifty miles from its county
seat. In fact, the officers themselves sconnived
at his escape by notifying men whom they knew
to be friends of the defaulter that they had re-
ceived information of his presence in tho place
arrest AS expected the friend notified
Wilson and he made his escape before the officers
could apprehend him. Through all this he was
as iovial and communicable as ever and did not
appear to feel the Disgrace of the situation till
his wife, refined and accomplished lady. ap-
plled for a divorce. This seemed to discourage
him entirely, and shortly after he went to Indi-
anapolis and declared his intention of leaving
the State. II am completely DISCOURAGED" he
said to his friend. ''and am going to leave In
diana forever. i have directed my friends to
inclose their letters in envelopes addressed to
you and when am located Twill have you for
ward them to me-"
and for years word came, from the fugitive.
In the meantime the friend in indianapolis re-
ceived q number OF letters addressed to Wilson.
but no postoffice was given. and 1t was clear
that tho writer's were az much in the dark re-
gariing his whereabouts as WAS the friend with
whom he had promised to communicate when
he had become located. Inquiry of such per-
sonal friends at Scotfsburg confirmed the be-
lief that the fugitive had not vealedi the place
of his hiding 70 any one. Tita was Gear
that he would have run risk In doing, for
they still regarded him with affection, and
blamed the people of Scott county more for
PLAYING as young q man in Office than the youth
himself for proving a defa'' More than
FIVE years PASSED away. one morning
last week the Indianapo nteman. who
had so often befriended the --.Itive. was called
to tine door by a sharp, sudden jerk at the bell.
and standing upon the doorstep Was mar
whom he Immediately recognized as Wilson he
was pale and haegard and instead of looking
weight of fifty years. After warm greeting,
and as the two men passed hand in hand into
the house, Wilson declared his intention OF re-
turning at once to Scottsburg and Standing
trial. saying that he had been In Missouri for
five years, and had lived n life Of constant fear
ever since he left the State and he could stand
it no longer II have been in hell for six years,
and would rather be in the psnltenEary than
keen up this life another day"
The friend thus addressed is lawyer and re-
piled that he had been trying for two years past
to get into communication with him, but 10
seemed cognlZant of his whereabouts: and
further. if he indicted under the law OF 1881.
he had indeed been running from a shadow for
four years past the Legislature OF 1883, by a
piece of hasty legislation, had wiped ont tho
under it, and Wilson was practically afree man.
as the statute OF limitation would bar another
indictment.
It appears that the Legislature of 1881 re-
pealed the statute of 1852. defining embezze-
menI and fixing a punishment, and passed .
new law upon the subject, but enacted q clause
:. weeping all proceedings begun under the law
ly Indictment under the law of 1852 could still
lU carried on in the courts to conviction. In
1883 the LEGISLATURE repealed the law Of 1881
Absolutely and enacted new law on the subject
Of embezzlement, but failed to enact a saving
DlAuse with reference to prosecutions begun
s,nder the law of 1881 The only question then.
was whether Wilson indicted under the
statute of 1852 and before the law of 1881 went
into effect and could still be held under that
law for trial, or whether he was indicted under
the law of 1881. which was repealed absolutely
in 1888. If under the first, he would have to
stand trial, and would, no doubt, suffer the con-
sequences of his crime, but II under the eecono
his arraignment would be mere formally ana
his release would certainly follow. Upon this
proposition there could be mistake for tho
Supreme Court had released defaultlng county
treasurer in the northern bart OF Indiana on the
ground that the Legislature in repeating tho
law of 1881 absolutely, and under which the
treasurer was indicted. had left no law under
which he could be legally tried and convicted.
A telegram was Immediately sent to a friend
at Scottsburg ordering copy of the indictments
by mail. and. to insure its prompt delivery. the
friend requested to place special delivery
stamp upon the envelope. In the meantime
Wilson was in an agony OF suspense. pacing the
floor and apparently nearly crazed by excite
ment. In vain he tried to remember whether
the grand jury which indicted him convened
after the passage of the law OF 1881 or before 1t
and this question. 40 necessary to his comfort,
was the one which he labored in vain to solve.
If after the law was passed. he would 60 nome
and surrender himself to the authorities secure
his release upon writ OF haoeas corpus ana
make good every cent of his shortage u he had
to earn the money q dav laborer. But. II in
dicted before the law OF 1881, he would go home
anyhow, and from home go to prison, for a
felon's parb and felon's cell are better than
life of constant fear.
The mail train from Scottsbnrg reaches In
annapolis 1T ii o'clock at night. and at Has
In which Wilson resslessly walking tho .
floor His friend had not retired. and. upon
going to the door, he took from the hands of a
bow a letter bearing a special delivery stamp A .
% ornent later the en- velop was open, and the
eyes of the two friends over the copy of the .
Indictment which it contained. Wilson was so
excited that his form trembed and the paper
ratified in his hands but his emotion was sud
ienly changed and exclamation of joy, a
Fervent thank Gsd." broke the silence as he
discovered that the statute of 1881 was set out
10 full in the instrument the law which he !
had violated and the act under which the indict-
nent returned.
Wilson is still at indianapolis and will remain
1t the house of his friends until the Scott Cir
quit Court convenes next week. He will then
90 to Scottshurg. surrender himself to the sher-
III and Immediately apply for release under
writ of habeas corpus The Supreme Court has
interpreted tho law so clearly that q mistake
nnnot possibly be made. and the defaulting
my man who has never violated trust reposed
IN him by the people.